Terms of Service
UNITPRINTS TERMS OF SERVICE
AGREEMENT BETWEEN USER AND UNITPRINTS
Version 3.0
Welcome to UnitPrints.
These Terms of Service (“Terms”) constitute a legally binding agreement between you and UnitPrints, a division of Color Inc. (“UnitPrints,” “Company,” “we,” “our,” or “us”).
These Terms govern your access to and use of our websites, applications, cloud storage services, image management platforms, printing services, commercial image licensing programs, and related products and services (collectively, the “Services”).
IMPORTANT NOTICE REGARDING COMMERCIAL IMAGE LICENSING
UnitPrints operates both a photographic services business and a commercial digital image licensing business.
As described in Sections 8 through 13, qualifying images uploaded to UnitPrints may be licensed, distributed, or commercially sold to third parties, including organizations developing artificial intelligence systems, machine learning technologies, and frontier foundation models.
Such licensing is subject to the permissions, exclusions, and consent requirements described in these Terms.
By affirmatively accepting these Terms and the applicable Commercial Image Licensing Consent, you authorize the commercial uses described below.
If you do not agree to the commercial licensing provisions, you may decline participation. Declining participation does not prevent you from using UnitPrints’ standard printing and storage services.
PART I — GENERAL TERMS
1. Definitions
For purposes of this Agreement:
Customer: Any individual, photographer, studio, business, organization, or other entity accessing or using UnitPrints.
Customer Content: Photographs, graphics, illustrations, artwork, designs, videos, digital files, and other materials uploaded, transmitted, or stored through the Services.
Image Data: Customer Content together with associated technical information, image metadata, descriptive information, annotations, and other data lawfully associated with such content.
Commercial Licensing: The authorization, sale, sublicensing, distribution, transfer, or other commercial provision of qualifying Image Data to third parties.
Artificial Intelligence: Computational technologies including machine learning, deep learning, computer vision, generative artificial intelligence, neural networks, and related systems.
Frontier Models: Advanced general-purpose or specialized artificial intelligence systems, including large multimodal models, foundation models, image generation systems, video generation systems, and successor technologies.
AI Training: The use of data for training, pretraining, fine-tuning, evaluation, validation, benchmarking, reinforcement learning, model improvement, and related machine learning processes.
Licensing Partners: Third parties authorized by UnitPrints to receive or use qualifying Image Data under commercial licensing agreements.
Eligible Content: Customer Content for which UnitPrints has obtained all permissions and authorizations required for the proposed commercial use.
Commercial Image Licensing Consent: A separate affirmative authorization allowing UnitPrints to use qualifying Customer Content for the commercial licensing purposes described in these Terms.
Storage+: UnitPrints’ paid cloud image storage subscription.
UnitPrints Pro: UnitPrints’ professional subscription service.
2. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account or enter into this Agreement.
You represent that you have the legal authority to accept these Terms.
If you act on behalf of a company, photography studio, school, sports organization, or other entity, you represent that you are authorized to bind that entity to this Agreement.
Participation in commercial image licensing may require additional verification of your identity, ownership rights, and authority to license content.
3. Account Registration and Security
Certain Services require registration.
You agree to provide accurate information, maintain current contact details, protect your account credentials, and promptly report unauthorized account access.
You are responsible for activity conducted through your account, except to the extent caused by UnitPrints’ own misconduct or failure to meet applicable legal obligations.
UnitPrints may suspend accounts reasonably suspected of fraud, unlawful activity, or material violations of these Terms.
4. Description of Services
UnitPrints provides services that may include:
Professional photographic printing
Commercial printing
Cloud image storage
Digital galleries
Client proofing
Online ordering
Digital downloads
Image processing
Photography workflow tools
Subscription storage programs
Commercial image licensing
Image dataset development
Artificial intelligence training data services
Image metadata processing
Machine learning data preparation
Image classification and annotation
Data licensing partnerships
Other related products and services
UnitPrints may introduce, modify, or discontinue services subject to applicable law and any contractual commitments.
5. Acceptable Use
Customers may use UnitPrints only for lawful purposes.
You may not upload content that:
Infringes another party’s intellectual property rights.
Violates applicable privacy or publicity laws.
Contains unlawful material.
Contains child sexual abuse material.
Includes malicious software.
Violates another person’s legal rights.
Is submitted through fraudulent or unauthorized means.
UnitPrints may remove prohibited content, suspend accounts, or cooperate with lawful government requests.
PART II — CUSTOMER CONTENT AND INTELLECTUAL PROPERTY
6. Ownership of Customer Content
You retain ownership of your original photographs, images, and other Customer Content.
Uploading content does not transfer copyright ownership to UnitPrints.
Instead, you grant UnitPrints the contractual licenses expressly described in this Agreement.
These licenses may include the right to reproduce, process, distribute, commercially license, and sublicense qualifying content, depending on the permissions you provide.
UnitPrints may own independently created compilations, annotations, datasets, software, classifications, and other materials developed through its own lawful efforts, without claiming ownership of your underlying copyrighted images.
Nothing in this Agreement grants UnitPrints rights belonging to third parties.
7. Operational License
By uploading Customer Content, you grant UnitPrints a worldwide, nonexclusive, royalty-free license to use that content as reasonably necessary to provide the Services you request.
This includes permission to:
Store and host images.
Create backups.
Generate previews and thumbnails.
Resize and crop images.
Perform image processing.
Produce photographic and commercial print products.
Fulfill customer orders.
Provide digital downloads.
Maintain galleries.
Perform quality assurance.
Detect fraud and unlawful activity.
Maintain system security.
Transmit files to authorized service providers.
This operational license is separate from the commercial licensing authorization described below.
Declining commercial image licensing does not revoke the operational permissions necessary to provide standard UnitPrints services.
PART III — COMMERCIAL IMAGE LICENSING AND ARTIFICIAL INTELLIGENCE
8. Commercial Image Licensing Program
UnitPrints may operate a commercial business involving the collection, organization, processing, aggregation, licensing, distribution, and sale of qualifying Image Data.
Subject to your affirmative Commercial Image Licensing Consent and applicable law, UnitPrints may make Eligible Content available to commercial partners for purposes including:
Artificial intelligence model training.
Foundation model development.
Frontier artificial intelligence research.
Generative image and video model development.
Computer vision research.
Image recognition and classification.
Multimodal artificial intelligence development.
Machine learning evaluation and benchmarking.
Synthetic data research and generation.
Image enhancement technologies.
Automated image processing.
Commercial dataset development.
Other lawful artificial intelligence and machine learning applications.
Commercial licensing may involve the transfer of complete image files to third parties.
Commercial partners may use authorized content in developing products and technologies offered commercially to other businesses or consumers.
UnitPrints may receive financial compensation for such licensing.
Customers will not automatically receive compensation unless a separate written agreement expressly provides for payment.
9. Commercial Image License Granted to UnitPrints
When you affirmatively enroll in the Commercial Image Licensing Program, you grant UnitPrints a:
Worldwide
Nonexclusive
Transferable
Sublicensable
Royalty-free
Fully paid-up
license to use your Eligible Content for the commercial purposes described in these Terms.
This license includes the right to:
A. Reproduction
Copy, duplicate, store, reproduce, and create authorized versions of Eligible Content.
B. Modification and Processing
Resize, crop, convert, enhance, classify, annotate, label, transform, and otherwise process Eligible Content.
C. Dataset Creation
Combine Eligible Content with other authorized materials to create, organize, improve, and maintain commercial datasets.
D. Commercial Distribution
License, sell, sublicense, distribute, or otherwise provide Eligible Content to authorized Licensing Partners.
E. Artificial Intelligence Development
Authorize Licensing Partners to use Eligible Content for AI Training, including the development and improvement of frontier models, foundation models, generative AI systems, computer vision technologies, and multimodal systems.
F. Derivative Materials
Create and license authorized annotations, metadata, classifications, embeddings, and other derivative data products, subject to applicable law and the scope of rights granted.
G. Third-Party Sublicensing
Grant Licensing Partners sublicenses permitting the uses expressly authorized under this Agreement.
H. Commercial Compensation
Negotiate and retain licensing fees, royalties, subscription revenue, dataset access fees, and other consideration received from Licensing Partners.
Ownership and Compensation
You retain copyright ownership of your underlying Customer Content.
The commercial license does not constitute an assignment of your copyright.
Unless otherwise agreed in writing, you are not entitled to payment, royalties, revenue sharing, or accounting of UnitPrints’ commercial licensing transactions.
Limits of the License
This license applies only to Eligible Content.
It does not authorize UnitPrints to violate privacy laws, override third-party intellectual property rights, or use content beyond the permissions actually obtained.
10. Commercial AI Training and Frontier Model Licensing
You acknowledge that Eligible Content licensed under this Agreement may be used by third parties to develop, train, evaluate, and improve artificial intelligence technologies.
These technologies may include:
Large-scale foundation models.
Generative image models.
Generative video models.
Multimodal language and vision models.
Advanced computer vision systems.
Autonomous perception systems.
Specialized machine learning models.
Future generations of frontier artificial intelligence.
Authorized training activities may involve computational analysis of image characteristics, visual patterns, image composition, objects, scenes, textures, lighting, colors, and other visual information.
You understand that:
Licensed images may be incorporated into training datasets containing millions or billions of data records.
Artificial intelligence models may learn statistical relationships and patterns from licensed images.
Trained models may subsequently be used in commercial products.
Model outputs may exhibit characteristics learned from training data.
It may be technically impracticable to isolate or remove the influence of a particular image after model training has occurred.
UnitPrints does not control every future output generated by independently operated third-party AI systems.
Licensing Partners must comply with their contractual obligations and applicable law.
Nothing in these Terms guarantees that a trained model will never generate an output resembling a particular image.
UnitPrints will not knowingly authorize Licensing Partners to misrepresent their ownership of your original copyrighted works.
11. Commercial Licensing of Previously Uploaded Images
The Commercial Image Licensing Program may include images uploaded before the effective date of these Terms.
By creating an account you accept the Commercial Image Licensing Consent, you authorize UnitPrints to evaluate and license Eligible Content associated with your account, including qualifying images uploaded before your acceptance date.
This authorization applies to eligible historical uploads regardless of their original upload date.
Previously uploaded images may be included in future commercial licensing transactions following acceptance.
12. Customer Representations and Third-Party Rights
If you participate in commercial image licensing, you represent and warrant that you possess the rights necessary to grant the commercial licenses described in this Agreement.
These rights may include:
Copyright ownership or sufficient licensing authority.
Permission to sublicense the content.
Necessary model releases.
Applicable property releases.
Permissions involving identifiable individuals.
Required parental or guardian authorizations.
Permissions involving third-party trademarks or protected artwork.
Any other legally required authorizations.
Professional Photographers
Professional photographers acknowledge that copyright ownership alone may not establish permission to license an image for every commercial AI training purpose.
For example, a photographer may own the copyright to a portrait without possessing sufficient rights to commercially license the subject’s likeness.
You must not enroll content where contractual restrictions, privacy rights, publicity rights, or other applicable laws prohibit the proposed licensing.
13. Duration, Withdrawal, and Existing Licenses
A. Duration
Your commercial licensing authorization remains effective until you withdraw participation, subject to the terms below.
B. Withdrawal
You may withdraw from future commercial licensing by submitting a request through the designated account controls or contacting UnitPrints.
Following verification and processing of your request, UnitPrints will stop including the affected content in new commercial licensing transactions, subject to applicable law and reasonable technical processing periods.
C. Previously Granted Sublicenses
Withdrawal does not automatically terminate sublicenses validly granted to Licensing Partners before the withdrawal became effective.
Previously authorized partners may retain rights granted under their existing agreements, subject to contractual limitations and applicable law.
D. Artificial Intelligence Models Already Trained
You acknowledge that content previously used for authorized AI Training may have contributed to trained models.
Withdrawal does not necessarily require deletion, retraining, or modification of existing models where continued retention or use is lawful.
This provision does not limit statutory deletion, objection, or other rights that cannot legally be waived.
E. Account Deletion
Deleting your UnitPrints account terminates future operational use except as necessary for lawful retention and processing.
Account deletion also ends participation in new commercial licensing transactions, subject to the existing-license provisions above.
UnitPrints will process deletion requests in accordance with applicable law and its Privacy Policy.
F. No Perpetual Right to Make New Sales
UnitPrints does not retain an unrestricted right to enter into new commercial image licensing transactions after a customer’s effective withdrawal.
PART IV — PRIVACY AND DATA PROTECTION
14. Privacy Policy
UnitPrints collects and processes personal information in accordance with its Privacy Policy.
The Privacy Policy explains:
Categories of information collected.
Purposes of processing.
Data retention.
Information sharing.
Commercial image licensing.
Consumer privacy rights.
Security practices.
Data deletion procedures.
Methods for submitting privacy requests.
Where applicable law requires separate consent for particular processing activities, acceptance of these Terms alone does not replace that requirement.
The Privacy Policy is incorporated into this Agreement by reference.
15. Image Metadata and Associated Information
Image files may contain metadata including:
Camera manufacturer and model.
Exposure settings.
Capture date and time.
Image dimensions.
Color profiles.
File format.
Technical image characteristics.
Descriptive tags and classifications.
Certain files may also contain personal information, including geographic coordinates or identifying information.
UnitPrints may process metadata for operational purposes and, where authorized, commercial licensing.
Before licensing Image Data, UnitPrints may remove, minimize, or otherwise process identifying metadata.
UnitPrints will not knowingly include sensitive personal information in commercial datasets unless legally authorized and appropriate safeguards are in place.
16. Commercial Data Transfers
UnitPrints may license Eligible Content to organizations located within or outside the United States.
Such organizations may include:
Artificial intelligence developers.
Technology companies.
Research organizations.
Commercial dataset providers.
Computer vision developers.
Machine learning infrastructure providers.
Transfers involving personal information will be subject to applicable privacy laws and any required contractual protections.
UnitPrints may require Licensing Partners to maintain reasonable security safeguards and comply with restrictions on authorized uses.
17. Privacy Rights and Consumer Requests
Depending on applicable law, customers and individuals depicted in images may possess rights to:
Access certain personal information.
Request correction.
Request deletion.
Obtain information regarding data sharing.
Opt out of certain sales or processing activities.
Withdraw consent where applicable.
Appeal certain privacy decisions.
UnitPrints will provide appropriate methods for exercising legally applicable rights.
Nothing in these Terms limits rights that cannot be waived under applicable privacy or consumer protection laws.
PART V — IMAGE STORAGE AND SUBSCRIPTIONS
18. Cloud Image Storage
UnitPrints provides cloud image storage for customers using its Services.
Storage supports photo ordering, galleries, digital workflows, and related services.
Customers remain responsible for maintaining independent backups of important original files.
UnitPrints does not guarantee uninterrupted availability or permanent archival storage.
19. Account Types
UnitPrints may offer:
Free Accounts
Basic storage and ordering services subject to published retention limits.
Storage+
Paid subscription storage with extended image retention and additional features.
UnitPrints Pro
Professional subscription services offering enhanced storage, pricing, and workflow features.
Current features and pricing are published separately.
20. Free Account Image Retention
Images uploaded under a Free Account may be retained for up to 365 days from their upload date.
After the applicable retention period, images may become eligible for permanent deletion.
Logging into an account does not automatically extend an individual image’s retention period.
Customers should not rely on Free Accounts for permanent image archiving.
21. Paid Subscription Storage
Storage+ and UnitPrints Pro customers receive extended storage benefits while their subscriptions remain active and in good standing.
Applicable subscription benefits are described on the UnitPrints website.
UnitPrints may change subscription offerings with appropriate notice and subject to applicable law.
22. Subscription Expiration and Grace Period
When a paid subscription expires, associated benefits may terminate.
UnitPrints currently provides a 90-calendar-day grace period following expiration of eligible paid storage subscriptions.
During this period, customers may renew their subscriptions to restore eligible benefits.
Following expiration of the grace period, stored images may become eligible for deletion.
23. Image Deletion and Commercial Licensing
Deletion from UnitPrints’ operational storage systems does not necessarily remove copies previously provided to Licensing Partners under valid commercial licenses.
UnitPrints will not treat operational deletion as authorization to enter into new commercial licensing transactions.
Where applicable law requires deletion from third-party systems, UnitPrints will take the actions required by law and applicable contractual arrangements.
Deletion requests may be subject to legally permitted exceptions.
24. Backup Responsibility
Customers should maintain independent copies of important files.
To the extent permitted by law, UnitPrints is not responsible for losses caused by:
Customer deletion.
Expired storage periods.
Subscription non-renewal.
Corrupted uploads.
Hardware or software failures.
Cloud infrastructure outages.
Events outside UnitPrints’ reasonable control.
This section does not exclude liability that cannot lawfully be excluded.
PART VI — PRINTING, ORDERS, AND FULFILLMENT
25. Orders
Customers are responsible for reviewing orders before submission.
Orders entering production may not be canceled or modified.
UnitPrints may attempt to accommodate changes when operationally possible.
26. Pricing and Payment
Prices are displayed in U.S. dollars unless otherwise indicated.
Payment is generally required when an order is placed.
UnitPrints may correct obvious pricing errors, cancel affected orders, or issue refunds.
Applicable taxes and shipping charges will be disclosed during checkout.
27. Image Preparation
Customers are responsible for submitting production-ready files.
This includes appropriate:
Resolution.
Dimensions.
Cropping.
Color profiles.
File formats.
Image quality.
Spelling and layout.
UnitPrints generally prints files as submitted unless additional correction services are purchased.
28. Color Accuracy
Digital displays and printed products use different technologies.
Color differences may result from:
Monitor calibration.
Screen brightness.
Color spaces.
Paper characteristics.
Printing technology.
Lighting conditions.
Image preparation.
UnitPrints cannot guarantee exact matching between a digital display and a physical print.
Reasonable manufacturing variations do not constitute defects.
29. Production and Shipping
Production and delivery estimates are not guarantees unless expressly stated.
Delays may occur because of supply shortages, equipment maintenance, carrier disruptions, weather, or other circumstances.
Customers must provide accurate shipping information.
Applicable shipping policies are incorporated into these Terms.
30. Returns, Reprints, and Refunds
Because many UnitPrints products are custom manufactured, returns may be limited.
Verified manufacturing defects may qualify for:
Reprinting.
Replacement.
Store credit.
Refund.
Available remedies will be determined in accordance with applicable law and UnitPrints’ published policies.
PART VII — SUBSCRIPTIONS AND BILLING
31. Recurring Subscriptions
Paid subscriptions may renew automatically where the customer has authorized recurring billing.
Before enrollment, UnitPrints will disclose applicable recurring charges, renewal frequency, and cancellation terms.
Customers may cancel subscriptions using the methods provided by UnitPrints.
Cancellation stops future renewals but does not automatically entitle customers to refunds for previously completed billing periods, except as required by law or stated in the applicable offer.
32. Subscription Pricing Changes
UnitPrints may modify subscription prices with notice required by applicable law.
Customers may cancel affected subscriptions before a price change becomes effective.
PART VIII — COMPANY RIGHTS AND LIMITATIONS
33. Intellectual Property of UnitPrints
UnitPrints retains ownership of its websites, software, trademarks, systems, proprietary technology, and independently developed intellectual property.
Customers receive only the limited rights necessary to access and use the Services.
34. Third-Party Services
UnitPrints may utilize third-party providers for:
Cloud hosting.
Payment processing.
Shipping.
Printing.
Customer communications.
Software infrastructure.
Artificial intelligence services.
Commercial data licensing.
Third-party providers may be subject to additional contractual obligations.
UnitPrints remains responsible for its obligations under applicable law.
35. Service Availability
UnitPrints may perform maintenance, upgrades, and modifications.
Continuous availability is not guaranteed.
We will make commercially reasonable efforts to maintain reliable service operations.
36. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS.
UNITPRINTS DISCLAIMS IMPLIED WARRANTIES TO THE EXTENT SUCH DISCLAIMERS ARE LEGALLY PERMITTED.
NOTHING IN THESE TERMS LIMITS NONWAIVABLE CONSUMER RIGHTS OR WARRANTIES.
37. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNITPRINTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SERVICES.
THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY LAW.
NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.
38. Customer Indemnification
To the extent permitted by applicable law, customers agree to indemnify UnitPrints against third-party claims arising from:
Knowingly unauthorized uploads.
Material violations of these Terms.
Infringement of third-party intellectual property rights.
False representations regarding commercial licensing authority.
Failure to obtain legally required releases or permissions.
This obligation applies only to the extent the claim results from the customer’s conduct and does not require indemnification for UnitPrints’ own unlawful acts.
39. Termination
Customers may close their accounts subject to applicable subscription and retention policies.
UnitPrints may suspend or terminate accounts for material violations of these Terms, fraud, unlawful conduct, or significant security risks.
Termination does not automatically extinguish valid sublicenses previously granted under the Commercial Image Licensing Program.
40. Changes to Terms
UnitPrints may revise these Terms from time to time.
Material changes will be communicated through reasonable notice, including email, website notifications, or account notices where appropriate.
Changes requiring affirmative consent will not become binding merely through publication or continued use.
Commercial licensing of previously uploaded content requires the authorization described in Section 11.
41. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Disputes shall be brought before courts having appropriate jurisdiction, subject to mandatory consumer protection laws.
42. Severability
If a provision is determined to be unenforceable, the remaining provisions will continue in effect to the extent legally permissible.
43. Entire Agreement
These Terms, the Privacy Policy, applicable subscription terms, and any separately accepted Commercial Image Licensing Consent constitute the agreement governing the Services.
Separate written agreements may supplement these Terms for professional customers or commercial licensing participants.
44. Contact Information
UnitPrints
A Division of Color Inc.
3280 Chicago Drive SW
Grandville, Michigan 49418
United States
Customer support and privacy requests may be submitted through the contact methods published on the UnitPrints website.